IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010703 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his two deployments to Saudi Arabia and Kuwait be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that he made two deployments to Southwest Asia (SWA) and neither is reflected on his DD Form 214. 

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 19 April 1990 for a period of     4 years and training as a cavalry scout.  He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Germany on 1 September 1990 for assignment to K Troop, 3rd Battalion, 11th Armored Cavalry Regiment.

3.  A review of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows:

* Item 5 (Oversea Service) Kuwait from 7 June 1991 to 6 September 1991
* Item 27 (Remarks) Duty in imminent danger pay area: Saudi Arabia from 15 February 1991 to 15 March 1991 and Kuwait from 7 June 1991 to 6 September 1991
   
4.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows he received hazardous duty pay from 16 February 1991 to 12 March 1991 and from 1 September 1991 through 30 September 1991 for service in the Persian Gulf War.

5.  He departed Germany on 31 August 1992 and was transferred to Fort Lewis, Washington where he remained until he was honorably released from active duty on 18 April 1994 due to completion of required service.  He served 4 years of total active service and his DD Form 214 does not reflect any deployments in item 18 (Remarks).  His DD Form 214 does show award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal among other awards and decorations. 

6.  Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual and unit military awards.

	a.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

	c.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed to Southwest Asia during the periods 15 February 1991 to 15 March 1991 and 7 June 1991 to 6 September 1991.  Accordingly, his overseas deployments should be added to his DD Form 214.

2.  Though the applicant did not specifically ask for a correction of his DD Form 214 to accurately show his appropriate awards and decorations based on his service in Southwest Asia, it would be appropriate to do so because of his service in a designated area.

3.  The applicant was awarded the Southwest Asia Service medal with one bronze service star.  However, a review of his record and the campaign periods shows he served during two named campaigns.  Therefore, it would be appropriate to remove the Southwest Asia Service medal with one bronze service star and add the Southwest Asia Service Medal with two bronze service stars to his DD Form 214. 

4.  The applicant was awarded the Kuwait Liberation Medal; however, the country of origin was not identified.  Therefore, it would be appropriate to remove the Kuwait Liberation Medal from his DD Form 214 and award the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia.   

5.  In view of the foregoing, he is entitled to have his records corrected as shown below



BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  removing the entry “Kuwait Liberation Medal” and “Southwest Asia Service medal with one bronze service star” from his DD Form 214;
   
   b.  adding the Kuwait Liberation Medal-Kuwait, Kuwait Liberation Medal-Saudi Arabia and the Southwest Asia Service Medal with two bronze service stars to his DD Form 214; and
   
   c.  adding the entry “SERVICE IN SWA 910215 – 913015 and 910607 – 910906” to item 18 of his DD Form 214. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140010703



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010703



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1